Allowed

Anand v. State of U.P. and 2 Others

Allahabad HC27 Sept 2024A482/31829/2024

Case brief

AI extract

What is this about?

In this application under Section 482 Cr.P.C., the High Court quashed criminal proceedings against the applicant arising from a dispute under the Electricity Act after the parties settled the dues and no grievance remained.

What did the court decide?

Quashed the entire proceedings of Case No.317 of 2021, titled State v. Anand, arising out of Case Crime No.201 of 2019, under Section 135(1)(b) of the Electricity Act.

Anand vs State of U.P. and 2 Others — Contract and Commercial Disputes | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:165073

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 31829 of 2024

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Applicant :- Anand Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Akash Pandey Counsel for Opposite Party :- G.A.,Narendra Kumar Tiwari

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant, learned counsel for the electricity department, and perused the material on record.

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The instant application under Section 482 Cr.P.C. has been preferred with the prayer to impugned charage-sheet dated 21.8.2019, summoning order dated 13.1.2021 and the bailable warrant dated 23.7.2024 as well as entire proceedings of Case No.317 of 2021, titled State v. Anand, arising out of Case Crime No.201 of 2019, under Section 135(1)(b) of the Electricity Act, Police Station Shahganj, District Prayagraj, pending in the court of Special Judge (E.C. Ac), Prayagraj.

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At the very outset, learned counsel for the applicant submits that after paying the assessment charges, the electricity connection has been installed by the electricity department, and nothing remains due against the electricity department. Therefore, no fruitful purpose would be served by keeping the matter pending.

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Per contra , learned counsel for the electricity department has conceded the submissions advanced by learned counsel for the applicant, and submits that he has no objection if the proceedings of the aforesaid case pending before the trial court is quashed.

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I have considered the submissions made by the learned counsel for the parties, and have gone through the entire record.

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Since the settlement has been made between the parties and no grievance to either of the party is left, no fruitful purpose would be served by permitting to continue the criminal case against the applicant pending before the trial court, and it would simply be a waste of judicial time as chances of conviction are very bleak.

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In view of the aforesaid background, the entire proceedings of Case No.317 of 2021, titled State v. Anand, arising out of Case Crime No.201 of 2019, under Section 135(1)(b) of the Electricity Act, Police Station Shahganj, District Prayagraj, pending in the court of Special Judge (E.C. Ac), Prayagraj, against the applicant, are hereby quashed.

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The instant petition stands allowed , accordingly.

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Order Date :- 16.10.2024 Anil K. Sharma

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Justice Vinod Diwakar

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Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad

Anand v. State of U.P. and 2 Others

Case brief

What is this about?

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Anand v. State of U.P. and 2 Others

Case brief

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